By McCall                                             H.B. No. 1763
         77R1065 DWS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the continuation and functions of the Finance
 1-3     Commission of Texas and the regulation of certain financial
 1-4     institutions and businesses.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 11.001, Finance Code, is amended to read
 1-7     as follows:
 1-8           Sec. 11.001.  DEFINITIONS. (a)  The definitions provided by
 1-9     Section 31.002 apply to this chapter.
1-10           (b)  In this chapter, "finance agency" means:
1-11                 (1)  the Texas Department of Banking;
1-12                 (2)  the Savings and Loan Department; or
1-13                 (3)  the Office of Consumer Credit Commissioner.
1-14           SECTION 2. Subchapter A, Chapter 11, Finance Code, is amended
1-15     by adding Section 11.002 to read as follows:
1-16           Sec. 11.002.  PURPOSE OF COMMISSION; STRATEGIC PLAN. (a)  The
1-17     finance commission is responsible for overseeing and coordinating
1-18     the Texas Department of Banking, the Savings and Loan Department,
1-19     and the Office of Consumer Credit Commissioner and serves as the
1-20     primary point of accountability for ensuring that state depository
1-21     and lending institutions function as a system, considering the
1-22     broad scope of the financial services industry. The finance
1-23     commission is the policy-making body for those finance agencies and
1-24     is not a separate state agency. The finance commission shall  carry
 2-1     out its functions in a manner that protects consumer interests,
 2-2     maintains a safe and sound banking system, and increases the
 2-3     economic prosperity of the state.
 2-4           (b)  The finance commission shall prepare and periodically
 2-5     update a strategic plan for coordination of the state financial
 2-6     system.  Each finance agency shall cooperate in preparation of the
 2-7     plan.
 2-8           SECTION 3. Sections 11.102(b), (c), (d), and (e), Finance
 2-9     Code, are amended to read as follows:
2-10           (b)  One member [Two members] of the finance commission must
2-11     be a banking executive, one member [executives and two members] of
2-12     the finance commission must be a savings executive, one member of
2-13     the finance commission must be a consumer credit executive, and one
2-14     member of the finance commission must be a mortgage broker
2-15     [executives].
2-16           (c)  Five members of the finance commission must be
2-17     representatives of the general public [may not be banking
2-18     executives, savings executives, or controlling shareholders in a
2-19     bank, savings association, or savings bank but must be selected by
2-20     the governor on the basis of recognized business ability].  At
2-21     least one of those members must be a certified public accountant.
2-22           (d)  A person may not be a public member of the finance
2-23     commission if the person or the person's spouse:
2-24                 (1)  is registered, certified, or licensed by a
2-25     regulatory agency in an industry regulated by a finance agency;
2-26                 (2)  is employed by or participates in the management
2-27     of a business entity or other organization regulated by or
 3-1     receiving money from a finance agency;
 3-2                 (3)  owns or controls, directly or indirectly, more
 3-3     than a 10 percent interest in a business entity or other
 3-4     organization regulated by or receiving money from a finance agency;
 3-5     or
 3-6                 (4)  uses or receives a substantial amount of tangible
 3-7     goods, services, or money from a finance agency other than
 3-8     compensation or reimbursement authorized by law for finance
 3-9     commission membership, attendance, or expenses.  [A member or
3-10     employee of the finance commission may not be:]
3-11                 [(1)  an officer, employee, or paid consultant of a
3-12     trade association representing an industry regulated by the finance
3-13     commission, the banking commissioner, the savings and loan
3-14     commissioner, or the consumer credit commissioner;]
3-15                 [(2)  a person required to register as a lobbyist under
3-16     Chapter 305, Government Code, because of activities for a member of
3-17     an industry described by Subdivision (1); or]
3-18                 [(3)  related within the second degree by affinity or
3-19     consanguinity, as determined under Chapter 573, Government Code, to
3-20     a person who is an officer, employee, or paid consultant of a trade
3-21     association representing an industry described by Subdivision (1).]
3-22           (e)  For the purposes of this section:
3-23                 (1)  "Banking executive" means a person who[:]
3-24                       [(A)]  has had five years' or more executive
3-25     experience in a bank during the seven-year period preceding the
3-26     person's appointment[; and]
3-27                       [(B)  at the time of the person's appointment is
 4-1     an officer of a state bank].
 4-2                 (2)  "Savings executive" means a person who[:]
 4-3                       [(A)]  has had five years' or more executive
 4-4     experience in a savings association or savings bank during the
 4-5     seven-year period preceding the person's appointment[; and]
 4-6                       [(B)  at the time of the person's appointment is
 4-7     an officer of a state savings association or savings bank].
 4-8                 (3)  "Consumer credit executive" means a person who has
 4-9     had five years' or more executive experience in an entity regulated
4-10     by the consumer credit commissioner during the seven-year period
4-11     preceding the person's appointment.
4-12                 (4)  "Mortgage broker" means a person who has had five
4-13     years' or more experience as a mortgage broker, as defined by
4-14     Section 156.002, during the seven-year period preceding the
4-15     person's appointment.
4-16           SECTION 4. Subchapter B, Chapter 11, Finance Code, is amended
4-17     by adding Section 11.1021 to read as follows:
4-18           Sec. 11.1021.  CONFLICT OF INTEREST. (a)  In this section,
4-19     "Texas trade association" means a cooperative and voluntarily
4-20     joined association of business or professional competitors in this
4-21     state designed to assist its members and its industry or profession
4-22     in dealing with mutual business or professional problems and in
4-23     promoting their common interest.
4-24           (b)  A person may not be a member of the finance commission
4-25     if:
4-26                 (1)  the person is an officer, employee, or paid
4-27     consultant of a Texas trade association in an industry regulated by
 5-1     a finance agency; or
 5-2                 (2)  the person's spouse is an officer, manager, or
 5-3     paid consultant of a Texas trade association in an industry
 5-4     regulated by a finance agency.
 5-5           (c)  A person may not be a member of the finance commission
 5-6     if the person is required to register as a lobbyist under Chapter
 5-7     305, Government Code, because of the person's activities for
 5-8     compensation on behalf of a profession related to the operation of
 5-9     a finance agency.
5-10           SECTION 5. Section 11.103, Finance Code, is amended to read
5-11     as follows:
5-12           Sec. 11.103.  REMOVAL OF MEMBERS[;  VACANCIES]. (a)  It is a
5-13     ground for removal from the finance commission that a member:
5-14                 (1)  does not have at the time of taking office the
5-15     qualifications required by Section 11.102;
5-16                 (2)  does not maintain during service on the finance
5-17     commission the qualifications required by Section 11.102;
5-18                 (3)  is ineligible for membership under Section 11.102
5-19     or 11.1021;
5-20                 (4)  cannot, because of illness or disability,
5-21     discharge the member's duties for a substantial part of the
5-22     member's term; or
5-23                 (5)  is absent from more than half of the regularly
5-24     scheduled finance commission meetings that the member is eligible
5-25     to attend during a calendar year without an excuse approved by  a
5-26     majority vote of the finance commission.
5-27           (b)  If the banking commissioner, savings and loan
 6-1     commissioner, or consumer credit commissioner has knowledge that a
 6-2     potential ground for removal exists, the banking commissioner,
 6-3     savings and loan commissioner, or consumer credit commissioner
 6-4     shall notify the presiding officer of the finance commission of the
 6-5     potential ground.  The presiding officer shall then notify the
 6-6     governor and the attorney general that a potential ground for
 6-7     removal exists.  If the potential ground for removal involves the
 6-8     presiding officer, the banking commissioner, savings and loan
 6-9     commissioner, or consumer credit commissioner shall notify the next
6-10     highest ranking officer of the finance commission, who shall then
6-11     notify the governor and the attorney general that a potential
6-12     ground for removal exists.
6-13           (c) [(a)  A ground for removal from the finance commission
6-14     exists if a member:]
6-15                 [(1)  did not have at the time of appointment the
6-16     qualifications required by Section 11.102 for appointment to the
6-17     finance commission;]
6-18                 [(2)  does not maintain the qualifications required by
6-19     Section 11.102 during service on the finance commission;]
6-20                 [(3)  violates a prohibition established by Section
6-21     11.105;]
6-22                 [(4)  cannot discharge the member's duties for a
6-23     substantial part of the term for which the member is appointed
6-24     because of illness or disability; or]
6-25                 [(5)  is absent from more than half of the regularly
6-26     scheduled finance commission meetings that the member is eligible
6-27     to attend during a calendar year unless the absence is excused by
 7-1     majority vote of the finance commission.]
 7-2           [(b)  The governor shall appoint a qualified person to fill
 7-3     any vacancy that occurs on the finance commission for the unexpired
 7-4     term.]
 7-5           [(c)  The executive director of the finance commission shall
 7-6     notify the presiding officer of the finance commission of any
 7-7     potential ground for removal of which the executive director has
 7-8     knowledge.  The presiding officer then shall notify the governor
 7-9     that a potential ground for removal exists.]
7-10           [(d)]  The validity of an action of the finance commission is
7-11     not affected by the fact that it was taken when a ground for
7-12     removal of a member of the finance commission existed.
7-13           SECTION 6. Section 11.108, Finance Code, is amended to read
7-14     as follows:
7-15           Sec. 11.108.  SUNSET PROVISION. The finance commission is
7-16     subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
7-17     continued in existence as provided by that chapter, the commission
7-18     is abolished September 1, 2013 [2001].
7-19           SECTION 7. Subchapter B, Chapter 11, Finance Code, is amended
7-20     by adding Sections 11.109-11.112 to read as follows:
7-21           Sec. 11.109.  STANDARDS OF CONDUCT. The presiding officer of
7-22     the finance commission or the presiding officer's designee shall
7-23     provide to members of the finance commission, as often as
7-24     necessary, information regarding the requirements for office under
7-25     this title, including information regarding a person's
7-26     responsibilities under applicable laws relating to standards of
7-27     conduct for state officers.
 8-1           Sec. 11.110.  TRAINING. (a)  A person who is appointed to and
 8-2     qualifies for office as a member of the finance commission may not
 8-3     vote, deliberate, or be counted as a member in attendance at a
 8-4     meeting of the finance commission until the person completes a
 8-5     training program that complies with this section.
 8-6           (b)  The training program must provide the person with
 8-7     information regarding:
 8-8                 (1)  the legislation that created the finance agencies
 8-9     and the finance commission;
8-10                 (2)  the programs operated by the finance agencies;
8-11                 (3)  the role and functions of the finance agencies;
8-12                 (4)  the rules of the finance commission with an
8-13     emphasis on the rules that relate to disciplinary and investigatory
8-14     authority;
8-15                 (5)  the current budget for the finance agencies;
8-16                 (6)  the results of the most recent formal audit of the
8-17     finance agencies;
8-18                 (7)  the requirements of:
8-19                       (A)  the open meetings law, Chapter 551,
8-20     Government Code;
8-21                       (B)  the public information law, Chapter 552,
8-22     Government Code;
8-23                       (C)  the administrative procedure law,  Chapter
8-24     2001, Government Code; and
8-25                       (D)  other laws relating to public officials,
8-26     including conflict-of-interest laws; and
8-27                 (8)  any applicable ethics policies adopted by the
 9-1     finance commission or the Texas Ethics Commission.
 9-2           (c)  A person appointed to the finance commission is entitled
 9-3     to reimbursement, as provided by the General Appropriations Act,
 9-4     for the travel expenses incurred in attending the training program
 9-5     regardless of whether the attendance at the program occurs before
 9-6     or after the person qualifies for office.
 9-7           Sec. 11.111.  SEPARATION OF FUNCTIONS. The finance commission
 9-8     shall develop and implement policies that clearly separate the
 9-9     policymaking responsibilities of the finance commission and the
9-10     management responsibilities of the banking commissioner, savings
9-11     and loan commissioner, and consumer credit commissioner and staff
9-12     of the finance agencies.
9-13           Sec. 11.112.  PUBLIC TESTIMONY. The finance commission shall
9-14     develop and implement policies that provide the public with a
9-15     reasonable opportunity to appear before the finance commission and
9-16     to speak on any issue under the jurisdiction of the finance
9-17     agencies.
9-18           SECTION 8. Section 11.202, Finance Code, is amended to read
9-19     as follows:
9-20           Sec. 11.202.  HEARINGS OFFICER AND AUDITOR. (a)  The finance
9-21     commission shall direct each finance agency to [may] employ [a
9-22     hearings officer and] an internal auditor to provide services to
9-23     and facilitate commission oversight and control over the finance
9-24     agency [Texas Department of Banking, Savings and Loan Department,
9-25     and Office of Consumer Credit Commissioner].
9-26           (b)  The Texas Department of Banking may employ a hearings
9-27     officer to serve the finance agencies as determined by interagency
 10-1    agreement. For the purposes of Section 2003.021, Government Code, a
 10-2    hearings officer employed under this section is considered to be an
 10-3    employee of each agency for which hearing services are provided.
 10-4    The hearings officer's only duty is to preside over matters related
 10-5    to contested cases before the finance agencies [agency].
 10-6          SECTION 9. Section 11.203, Finance Code, is amended to read
 10-7    as follows:
 10-8          Sec. 11.203.  LIMITATION ON DIRECTION OF AUDITOR [STAFF].
 10-9    Each [The executive director, hearings officer,] internal auditor
10-10    reports to the finance commission and is[, and any other staff
10-11    employed under this subchapter are] not subject to direction by the
10-12    employing finance agency [Texas Department of Banking, Savings and
10-13    Loan Department, or Office of Consumer Credit Commissioner].
10-14          SECTION 10. Section 11.204, Finance Code, is amended to read
10-15    as follows:
10-16          Sec. 11.204.  SHARING OF STAFF, EQUIPMENT, AND FACILITIES;
10-17    ALLOCATION OF COSTS. (a)  The finance commission shall use the
10-18    [reduce administrative costs by sharing of support] staff,
10-19    equipment, and facilities of [among] the finance agencies [Texas
10-20    Department of Banking, Savings and Loan Department, and Office of
10-21    Consumer Credit Commissioner] to the extent necessary to carry out
10-22    the finance commission's duties.  To reduce administrative costs,
10-23    the finance agencies shall share staff, equipment, and facilities
10-24    to the extent that the sharing contributes to cost efficiency
10-25    without detracting from the staff expertise needed for individual
10-26    areas of agency responsibility.  [The finance commission may employ
10-27    staff and purchase equipment and facilities to meet these
 11-1    objectives and pay for its activities from appropriations or as
 11-2    provided by Chapter 771, Government Code.]
 11-3          (b)  An interagency agreement [regarding shared staff] must
 11-4    provide that the cost of staff used by the finance commission,
 11-5    including the internal auditor, [each member of shared staff other
 11-6    than the executive director] is to be charged to the finance
 11-7    agencies [Texas Department of Banking, Savings and Loan Department,
 11-8    or Office of Consumer Credit Commissioner] in proportion to the
 11-9    amount of time devoted to each agency's business.  All other costs
11-10    of operation of the finance commission are [The cost of the
11-11    executive director and the unallocated cost of operation of the
11-12    finance commission is] to be shared by and included in the budgets
11-13    of the finance agencies [department, Savings and Loan Department,
11-14    and Office of Consumer Credit Commissioner] in proportion to the
11-15    amount of cash receipts of each of those agencies.
11-16          SECTION 11. Section 11.305, Finance Code, is amended by
11-17    amending Subsections (a) and (b) and adding Subsection (d) to read
11-18    as follows:
11-19          (a)  The finance commission shall assign the banking
11-20    commissioner, savings and loan commissioner, or consumer credit
11-21    commissioner to conduct research on:
11-22                (1)  the availability, quality, and prices of financial
11-23    services, including lending and depository services, offered in
11-24    this state to agricultural businesses, small businesses, and
11-25    individual consumers in this state; and
11-26                (2)  the practices of business entities in this state
11-27    that provide financial services to agricultural businesses, small
 12-1    businesses, and individual consumers in this state.
 12-2          (b)  The banking commissioner, savings and loan commissioner,
 12-3    or consumer credit commissioner [finance commission] may:
 12-4                (1)  apply for and receive public and private grants
 12-5    and gifts to conduct the research authorized by this section; and
 12-6                (2)  contract with public and private entities to carry
 12-7    out studies and analyses under this section.
 12-8          (d)  The Texas Department of Banking and the Savings and Loan
 12-9    Department shall jointly conduct a continuing review of the
12-10    condition of the state banking system.  The review must include a
12-11    review of all available national and state economic forecasts and
12-12    an analysis of changing banking practices and new banking
12-13    legislation. Periodically the departments shall submit a report to
12-14    the finance commission on the results of the review, including
12-15    information relating to the condition of the state banking system
12-16    at the time of the report and the predicted condition of that
12-17    system in the future.
12-18          SECTION 12. Section 11.306, Finance Code, is amended to read
12-19    as follows:
12-20          Sec. 11.306.  MORTGAGE BROKER RULES [BROKERS]. The finance
12-21    commission may adopt mortgage broker rules as provided by[:]
12-22                [(1)  review any action or rule adopted by the savings
12-23    and loan commissioner under Chapter 156; and]
12-24                [(2)  direct the savings and loan commissioner to
12-25    adopt, repeal, or amend any rule or other action the savings and
12-26    loan commissioner may undertake under] Chapter 156.
12-27          SECTION 13. Subchapter D, Chapter 11, Finance Code, is
 13-1    amended by adding Section 11.307 to read as follows:
 13-2          Sec. 11.307.  RULES RELATING TO CONSUMER COMPLAINTS. (a)  The
 13-3    finance commission shall adopt rules applicable to each entity
 13-4    regulated by the Texas Department of Banking or the Savings and
 13-5    Loan Department specifying the manner in which the entity provides
 13-6    consumers with information on how to file complaints with the
 13-7    appropriate agency.
 13-8          (b)  The finance commission shall adopt rules applicable to
 13-9    each entity regulated by a finance agency requiring the entity to
13-10    include information on how to file complaints with the appropriate
13-11    agency in each privacy notice that the entity is required to
13-12    provide consumers under law, including Pub. L. No. 106-102.
13-13          SECTION 14. Section 12.101(a), Finance Code, is amended to
13-14    read as follows:
13-15          (a)  The banking commissioner is the chief executive officer
13-16    of the Texas Department of Banking.  The finance commission, by at
13-17    least five affirmative votes, shall appoint the banking
13-18    commissioner.  The banking commissioner serves at the will of the
13-19    finance commission[, is an employee of the finance commission,] and
13-20    is subject to the finance commission's orders and directions.
13-21          SECTION 15. Section 13.002(a), Finance Code, is amended to
13-22    read as follows:
13-23          (a)  The savings and loan commissioner is the chief executive
13-24    officer of the Savings and Loan Department.  The finance
13-25    commission, by at least five affirmative votes, shall appoint the
13-26    savings and loan commissioner.  The savings and loan commissioner
13-27    serves at the will of the finance commission[, is an employee of
 14-1    the finance commission,] and is subject to the finance commission's
 14-2    orders and direction.
 14-3          SECTION 16. Section 13.008(a), Finance Code, is amended to
 14-4    read as follows:
 14-5          (a)  The [savings and loan commissioner and the] finance
 14-6    commission shall establish reasonable and necessary fees for the
 14-7    administration of Subtitles B and C, Title 3, and for the support
 14-8    of the finance commission as provided by Subchapter C, Chapter 11.
 14-9          SECTION 17. Section 14.051(b), Finance Code, is amended to
14-10    read as follows:
14-11          (b)  The commissioner:
14-12                (1)  [is an employee of the finance commission;]
14-13                [(2)]  serves at the will of the commission; and
14-14                (2) [(3)]  is subject to orders and directions of the
14-15    commission.
14-16          SECTION 18. Section 14.107, Finance Code, is amended to read
14-17    as follows:
14-18          Sec. 14.107.  FEES. The finance commission [commissioner]
14-19    shall establish reasonable and necessary fees for carrying out the
14-20    commissioner's powers and duties under this chapter, Title 4, and
14-21    Chapters 392 and 394 and under Chapters 38-41, Business & Commerce
14-22    Code.
14-23          SECTION 19. Section 14.157, Finance Code, is amended to read
14-24    as follows:
14-25          Sec. 14.157.  RULES. The finance commission [commissioner]
14-26    shall adopt rules governing the custody and use of information
14-27    obtained under this subchapter.
 15-1          SECTION 20. Section 14.206(b), Finance Code, is amended to
 15-2    read as follows:
 15-3          (b)  A witness required to attend a hearing before the
 15-4    commissioner shall receive for each day's attendance a fee and a
 15-5    travel and transportation allowance as authorized by law or a rule
 15-6    adopted by the finance commission [commissioner].
 15-7          SECTION 21. Section 33.007(a), Finance Code, is amended to
 15-8    read as follows:
 15-9          (a)  If the banking commissioner believes that a person has
15-10    violated or is about to violate this subchapter or a rule of the
15-11    finance commission or order of the banking commissioner pertaining
15-12    to this subchapter, the attorney general on behalf of the banking
15-13    commissioner may apply to a district court of Travis County for an
15-14    order enjoining the violation and for other equitable relief the
15-15    nature of the case requires.
15-16          SECTION 22. Section 61.007, Finance Code, is amended to read
15-17    as follows:
15-18          Sec. 61.007.  FEES. The [commissioner and] finance commission
15-19    by rule shall:
15-20                (1)  set the amount of fees the commissioner charges
15-21    for:
15-22                      (A)  supervision and examination of associations;
15-23                      (B)  filing an application or other documents;
15-24    and
15-25                      (C)  other services the commissioner performs;
15-26    and
15-27                (2)  specify the time and manner of payment of the
 16-1    fees.
 16-2          SECTION 23. Section 62.001(b), Finance Code, is amended to
 16-3    read as follows:
 16-4          (b)  An application must contain:
 16-5                (1)  two copies of the association's articles of
 16-6    incorporation identifying:
 16-7                      (A)  the name of the association;
 16-8                      (B)  the location of the principal office; and
 16-9                      (C)  the names and addresses of the initial
16-10    directors;
16-11                (2)  two copies of the association's bylaws;
16-12                (3)  data sufficiently detailed and comprehensive to
16-13    enable the commissioner to make a determination under Section
16-14    62.007, including statements, exhibits, and maps;
16-15                (4)  other information relating to the association and
16-16    its operation that the [commissioner and the] finance commission by
16-17    rule requires [require]; and
16-18                (5)  financial information about each applicant,
16-19    incorporator, director, or shareholder that the finance commission
16-20    by rule requires.
16-21          SECTION 24. Section 62.052(b), Finance Code, is amended to
16-22    read as follows:
16-23          (b)  The application must include information required by
16-24    [the commissioner or by] rule of the [commissioner and the] finance
16-25    commission.
16-26          SECTION 25. Section 62.152, Finance Code, is amended to read
16-27    as follows:
 17-1          Sec. 62.152.  MINIMUM NET WORTH REQUIREMENT. An association
 17-2    shall meet minimum net worth requirements prescribed by rule of the
 17-3    [commissioner and the] finance commission.
 17-4          SECTION 26. Section 62.553(c), Finance Code, is amended to
 17-5    read as follows:
 17-6          (c)  Unless the commissioner expressly waives a requirement
 17-7    of this subsection, the application must contain:
 17-8                (1)  the identity, personal history, business
 17-9    background and experience, and financial condition of each person
17-10    by whom or on whose behalf the acquisition is to be made, including
17-11    a description of:
17-12                      (A)  the managerial resources and future
17-13    prospects of each acquiring party; and
17-14                      (B)  any material pending legal or administrative
17-15    proceedings to which the person is a party;
17-16                (2)  the terms of any proposed acquisition and the
17-17    manner in which the acquisition is to be made;
17-18                (3)  the identity, source, and amount of the money or
17-19    other consideration used or to be used in making the acquisition
17-20    and, if any part of the money or other consideration has been or
17-21    will be borrowed or otherwise obtained for the purpose of making
17-22    the acquisition, a description of the transaction, the names of the
17-23    parties, and arrangements, agreements, or understandings with the
17-24    parties;
17-25                (4)  any plan or proposal of an acquiring party to
17-26    liquidate the association, sell the association's assets, merge the
17-27    association with another company, or make other major changes in
 18-1    the association's business or corporate structure or management;
 18-2                (5)  the terms of any offer, invitation, agreement, or
 18-3    arrangement under which a voting security will be acquired and any
 18-4    contract affecting that security or its financing after it is
 18-5    acquired;
 18-6                (6)  information establishing that the requirements
 18-7    under Section 62.555(b) are satisfied; and
 18-8                (7)  other information [the commissioner]:
 18-9                      (A)  the finance commission by rule requires to
18-10    be furnished in an application; or
18-11                      (B)  the commissioner orders to be included in a
18-12    particular application.
18-13          SECTION 27. Section 62.560(a), Finance Code, is amended to
18-14    read as follows:
18-15          (a)  The attorney general on behalf of the commissioner may
18-16    apply for equitable relief, including an order enjoining a
18-17    violation, if the commissioner believes a person has violated or is
18-18    about to violate this subchapter or a rule of the finance
18-19    commission or order of the commissioner adopted under this
18-20    subchapter.
18-21          SECTION 28. Section 64.001(a), Finance Code, is amended to
18-22    read as follows:
18-23          (a)  The [commissioner and the] finance commission shall
18-24    adopt rules relating to the power of associations operating under
18-25    this subtitle to make loans and investments.
18-26          SECTION 29. Section 64.083, Finance Code, is amended to read
18-27    as follows:
 19-1          Sec. 64.083.  RULES. The [commissioner and the] finance
 19-2    commission shall adopt rules to implement this subchapter,
 19-3    including rules that define the categories of loans and investments
 19-4    described by Section 64.081.
 19-5          SECTION 30. Section 65.009(c), Finance Code, is amended to
 19-6    read as follows:
 19-7          (c)  An association shall compute and pay interest and
 19-8    dividends according to rules of the [commissioner and the] finance
 19-9    commission.
19-10          SECTION 31. Section 66.002, Finance Code, is amended to read
19-11    as follows:
19-12          Sec. 66.002.  ADOPTION OF RULES. The [commissioner and the]
19-13    finance commission may adopt rules relating to:
19-14                (1)  the minimum amounts of capital stock and paid-in
19-15    surplus required for incorporation as a capital stock association;
19-16                (2)  the minimum amounts of savings liability and
19-17    expense funds required for incorporation as a mutual association;
19-18                (3)  the fees and procedures for processing, hearing,
19-19    and deciding applications filed with the commissioner or the
19-20    Savings and Loan Department under this subtitle;
19-21                (4)  the books and records that an association is
19-22    required to keep and the location at which the books and records
19-23    are required to be maintained;
19-24                (5)  the accounting principles and practices that an
19-25    association is required to observe;
19-26                (6)  the conditions under which records may be copied
19-27    or reproduced for permanent storage before the original records are
 20-1    destroyed;
 20-2                (7)  the form, contents, and time of publication of
 20-3    statements of condition;
 20-4                (8)  the form and contents of annual reports and other
 20-5    reports that an association is required to prepare and publish or
 20-6    file;
 20-7                (9)  the manner in which assets, liabilities, and
 20-8    transactions in general are to be described when entered in the
 20-9    books of an association, so that the entry accurately describes the
20-10    subject matter of the entry; and
20-11                (10)  the conditions under which the commissioner may
20-12    require an asset to be charged off or reserves established by
20-13    transfer from surplus or paid-in capital because of the
20-14    depreciation of or overstated value of the asset.
20-15          SECTION 32. Section 89.004, Finance Code, is amended to read
20-16    as follows:
20-17          Sec. 89.004.  INITIATION OF RULEMAKING BY ASSOCIATIONS. The
20-18    finance commission [commissioner] shall initiate rulemaking
20-19    proceedings if at least 20 percent of the associations petition the
20-20    finance commission [commissioner] in writing requesting the
20-21    adoption, amendment, or repeal of a rule.
20-22          SECTION 33. Section 91.002(20), Finance Code, is amended to
20-23    read as follows:
20-24                (20)  "Regulatory capital" means a common stockholders'
20-25    equity, including retained earnings, noncumulative perpetual
20-26    preferred stock and related earnings, minority interests in the
20-27    equity accounts of fully consolidated subsidiaries, and other
 21-1    elements established by rules of the [commissioner and the] finance
 21-2    commission.
 21-3          SECTION 34. Section 91.007, Finance Code, is amended to read
 21-4    as follows:
 21-5          Sec. 91.007.  FEES. The [commissioner and the] finance
 21-6    commission by rule shall:
 21-7                (1)  set the amount of fees the commissioner charges
 21-8    for:
 21-9                      (A)  supervision and examination of savings
21-10    banks;
21-11                      (B)  filing an application or other documents;
21-12                      (C)  conducting a hearing; and
21-13                      (D)  other services the commissioner performs;
21-14    and
21-15                (2)  specify the time and manner of payment of the
21-16    fees.
21-17          SECTION 35. Section 92.051(b), Finance Code, is amended to
21-18    read as follows:
21-19          (b)  An application must contain:
21-20                (1)  two copies of the savings bank's articles of
21-21    incorporation identifying:
21-22                      (A)  the name of the savings bank;
21-23                      (B)  the location of the principal office; and
21-24                      (C)  the names and addresses of the initial
21-25    directors;
21-26                (2)  two copies of the savings bank's bylaws;
21-27                (3)  data sufficiently detailed and comprehensive to
 22-1    enable the commissioner to make findings under Section 92.058,
 22-2    including statements, exhibits, and maps;
 22-3                (4)  other information relating to the savings bank and
 22-4    its operation that the [commissioner and the] finance commission by
 22-5    rule requires [require]; and
 22-6                (5)  financial information about each applicant,
 22-7    incorporator, director, officer, or shareholder that the
 22-8    [commissioner and the] finance commission by rule requires
 22-9    [require].
22-10          SECTION 36.  Section 92.052(b), Finance Code, is amended to
22-11    read as follows:
22-12          (b)  Before approving the application of a capital stock
22-13    savings bank, the commissioner shall require the savings bank to
22-14    have an aggregate amount of capital in the form of stock and
22-15    paid-in surplus the [commissioner and the] finance commission by
22-16    rule specifies [specify].
22-17          SECTION 37.  Section 92.053(b), Finance Code, is amended to
22-18    read as follows:
22-19          (b)  Before approving the articles of incorporation of a
22-20    mutual savings bank, the commissioner shall require the savings
22-21    bank to have subscriptions for an aggregate amount of deposit
22-22    accounts and an expense fund in an aggregate amount the
22-23    [commissioner and the] finance commission by rule establishes
22-24    [establish] as necessary for the successful operation of a mutual
22-25    savings bank.
22-26          SECTION 38.  Section 92.054(a), Finance Code, is amended to
22-27    read as follows:
 23-1          (a)  The [commissioner and the] finance commission by rule
 23-2    shall set the minimum initial capital of a savings bank in an
 23-3    amount not less than the greater of:
 23-4                (1)  the amount required to obtain insurance of deposit
 23-5    accounts by the Federal Deposit Insurance Corporation; or
 23-6                (2)  the amount required of a national bank.
 23-7          SECTION 39.  Section 92.057(a), Finance Code, is amended to
 23-8    read as follows:
 23-9          (a)  On the filing of a complete application to incorporate,
23-10    as defined by rules adopted by the [commissioner and the] finance
23-11    commission, the commissioner shall:
23-12                (1)  issue public notice of the application; and
23-13                (2)  give any interested person an opportunity to
23-14    appear, present evidence, and be heard for or against the
23-15    application.
23-16          SECTION 40.  Sections 92.063(a) and (b), Finance Code, are
23-17    amended to read as follows:
23-18          (a)  Only with the prior approval of the commissioner given
23-19    in accordance with rules of the [commissioner and the] finance
23-20    commission may a savings bank:
23-21                (1)  establish an office other than the principal
23-22    office stated in the savings bank's articles of incorporation;
23-23                (2)  move an office from its immediate vicinity; or
23-24                (3)  change the savings bank's name.
23-25          (b)  The commissioner may permit a savings bank to establish
23-26    additional offices in this state or another state in accordance
23-27    with rules of the [commissioner and the] finance commission.
 24-1          SECTION 41.  Section 92.102(b), Finance Code, is amended to
 24-2    read as follows:
 24-3          (b)  The application must include information required by the
 24-4    commissioner or by rule of the [commissioner and the] finance
 24-5    commission.
 24-6          SECTION 42.  Sections 92.155(a) and (b), Finance Code, are
 24-7    amended to read as follows:
 24-8          (a)  Except as the [commissioner and the] finance commission
 24-9    by rule provides [provide], a director or officer may not:
24-10                (1)  receive directly or indirectly a commission on or
24-11    benefit from a loan made by the savings bank;
24-12                (2)  pay for services rendered to a borrower from the
24-13    savings bank in connection with a loan;
24-14                (3)  direct or require a borrower on a mortgage to
24-15    negotiate an insurance policy on the mortgage property through a
24-16    particular insurance company;
24-17                (4)  attempt to divert to a particular insurance broker
24-18    the business of borrowers from the savings bank;
24-19                (5)  refuse to accept an insurance policy on the
24-20    mortgaged property because the policy was not negotiated through a
24-21    particular insurance broker;
24-22                (6)  become an obligor, including an endorser, surety,
24-23    or guarantor, on a loan made by the savings bank;
24-24                (7)  borrow or use, individually or as agent or partner
24-25    of another, directly or indirectly, money of the savings bank;
24-26                (8)  become the owner of real property on which the
24-27    savings bank holds a mortgage unless the loan is fully secured by:
 25-1                      (A)  a first-lien mortgage on property that:
 25-2                            (i)  is to be occupied as the director's or
 25-3    officer's primary residence; and
 25-4                            (ii)  is specifically approved in writing
 25-5    by the board; or
 25-6                      (B)  a deposit maintained by the officer or
 25-7    director with the savings bank; or
 25-8                (9)  engage in any other activity [the commissioner
 25-9    and] the finance commission by rule prohibits [prohibit].
25-10          (b)  Except as the [commissioner and the] finance commission
25-11    by rule provides [provide], a savings bank may not make a loan to a
25-12    corporation in which:
25-13                (1)  a director or officer of the savings bank holds
25-14    stock, options, or warrants to purchase stock in the amount of five
25-15    percent or more of the outstanding stock; or
25-16                (2)  the directors of the savings bank together hold
25-17    stock, options, or warrants to purchase stock in the amount of five
25-18    percent or more of the outstanding stock.
25-19          SECTION 43.  Section 92.201, Finance Code, is amended to read
25-20    as follows:
25-21          Sec. 92.201.  BOOKS AND RECORDS.  A savings bank shall
25-22    maintain its books and records according to generally accepted
25-23    accounting principles and to rules adopted by the [commissioner and
25-24    the] finance commission.
25-25          SECTION 44.  Section 92.202, Finance Code, is amended to read
25-26    as follows:
25-27          Sec. 92.202.  LIQUIDITY.  Unless approved in advance by the
 26-1    commissioner, a savings bank shall maintain an amount equal to at
 26-2    least 10 percent of its average daily deposits for the most
 26-3    recently completed calendar quarter in:
 26-4                (1)  cash;
 26-5                (2)  balances in a federal reserve bank or passed
 26-6    through a federal home loan bank or another depository institution
 26-7    to a federal reserve bank under the Federal Reserve Act (12 U.S.C.
 26-8    Section 221 et seq.); or
 26-9                (3)  other readily marketable investments, including
26-10    unencumbered federal government sponsored enterprises securities,
26-11    as allowed by rules adopted by the [commissioner and the] finance
26-12    commission.
26-13          SECTION 45.  Section 92.203, Finance Code, is amended to read
26-14    as follows:
26-15          Sec. 92.203.  REGULATORY CAPITAL.  A savings bank shall
26-16    maintain regulatory capital in the amount prescribed by rule of the
26-17    [commissioner and the] finance commission.  The amount may not be
26-18    less than the amount of regulatory capital required for a
26-19    corresponding national bank.
26-20          SECTION 46.  Section 92.209(d), Finance Code, is amended to
26-21    read as follows:
26-22          (d)  The extent to which preferred stock may be included as
26-23    regulatory capital of a savings bank is subject to the rules
26-24    adopted by the [commissioner and the] finance commission.
26-25          SECTION 47.  Section 92.303(b), Finance Code, is amended to
26-26    read as follows:
26-27          (b)  After the examination, the commissioner shall approve
 27-1    the conversion without a hearing if the commissioner determines
 27-2    that the converting financial institution is in sound condition and
 27-3    meets all requirements of Subchapter B and relevant rules of the
 27-4    [commissioner and the] finance commission.
 27-5          SECTION 48.  Section 92.553(c), Finance Code, is amended to
 27-6    read as follows:
 27-7          (c)  Unless the commissioner expressly waives a requirement
 27-8    of this subsection, the application must contain:
 27-9                (1)  the identity, history, business background and
27-10    experience, and financial condition of each person by whom or on
27-11    whose behalf the acquisition is to be made, including a description
27-12    of:
27-13                      (A)  the managerial resources and future
27-14    prospects of each acquiring party; and
27-15                      (B)  any material pending legal or administrative
27-16    proceedings to which the applicant is a party;
27-17                (2)  the terms of any proposed acquisition and the
27-18    manner in which the acquisition is to be made;
27-19                (3)  the identity, source, and amount of the money or
27-20    other consideration used or to be used in making the acquisition
27-21    and, if any part of the money or other consideration was or is to
27-22    be borrowed or otherwise obtained for the purpose of making the
27-23    acquisition, a description of the transaction, the names of the
27-24    parties, and arrangements, agreements, or understandings with those
27-25    parties;
27-26                (4)  any plan or proposal of an acquiring party to
27-27    liquidate the savings bank, sell the savings bank's assets, merge
 28-1    the savings bank with another company, or make other major changes
 28-2    in the savings bank's business, corporate structure, or management;
 28-3                (5)  the terms of any offer, invitation, agreement, or
 28-4    arrangement under which a voting security of the savings bank will
 28-5    be acquired and any contract affecting that security or its
 28-6    financing after it is acquired;
 28-7                (6)  information establishing that the requirements
 28-8    under Section 92.556(a) are satisfied; and
 28-9                (7)  other information that [the commissioner]:
28-10                      (A)  the finance commission by rule requires; or
28-11                      (B)  the commissioner orders to be included in a
28-12    particular application.
28-13          SECTION 49.  Section 92.560(a), Finance Code, is amended to
28-14    read as follows:
28-15          (a)  The attorney general on behalf of the commissioner may
28-16    apply for equitable relief as the case may require, including an
28-17    order prohibiting the violation, if it appears to the commissioner
28-18    that a person has violated or is about to violate this subchapter
28-19    or a rule of the finance commission or order of the commissioner
28-20    adopted under this subchapter.
28-21          SECTION 50.  Section 93.001(c), Finance Code, is amended to
28-22    read as follows:
28-23          (c)  A savings bank may:
28-24                (1)  sue and be sued in its corporate name;
28-25                (2)  adopt and operate a reasonable bonus plan,
28-26    profit-sharing plan, stock bonus plan, stock option plan, pension
28-27    plan, or similar incentive plan for its directors, officers, or
 29-1    employees, subject to any limitations under this subtitle or rules
 29-2    adopted under this subtitle;
 29-3                (3)  make reasonable donations for the public welfare
 29-4    or for a charitable, scientific, religious, or educational purpose;
 29-5                (4)  pledge its assets to secure deposits of public
 29-6    money of the United States, if required by the United States,
 29-7    including revenue and money the deposit of which is subject to
 29-8    control or regulation of the United States;
 29-9                (5)  pledge its assets to secure deposits of public
29-10    money of any state or of a political corporation or political
29-11    subdivision of any state;
29-12                (6)  become a member of or deal with any corporation or
29-13    agency of the United States or this state, to the extent that the
29-14    corporation or agency assists in furthering the purposes or powers
29-15    of savings banks, and for that purpose may purchase stock or
29-16    securities of the corporation or agency or deposit money with the
29-17    corporation or agency and may comply with any other condition of
29-18    membership credit;
29-19                (7)  become a member of a federal home loan bank or the
29-20    Federal Reserve System;
29-21                (8)  hold title to any assets acquired because of the
29-22    collection or liquidation of a loan, investment, or discount and
29-23    may administer those assets as necessary;
29-24                (9)  receive and repay any deposit or account in
29-25    accordance with this subtitle and rules of the finance commission
29-26    [and the commissioner]; and
29-27                (10)  lend and invest its money as authorized by this
 30-1    subtitle and rules of the finance commission [and the
 30-2    commissioner].
 30-3          SECTION 51.  Section 93.004, Finance Code, is amended to read
 30-4    as follows:
 30-5          Sec. 93.004.  POWER TO BORROW. (a)  A savings bank may borrow
 30-6    and give security, subject to rules adopted by the finance
 30-7    commission [and the commissioner].
 30-8          (b)  A savings bank at any time through action of its board
 30-9    may issue a capital note, debenture, or other capital obligation
30-10    authorized by rules adopted by the finance commission [and the
30-11    commissioner].
30-12          SECTION 52.  Section 93.008, Finance Code, is amended to read
30-13    as follows:
30-14          Sec. 93.008.  POWERS RELATIVE TO OTHER FINANCIAL
30-15    INSTITUTIONS.  Subject to limitations prescribed by rule of the
30-16    finance commission [and the commissioner], a savings bank may make
30-17    a loan or investment or engage in an activity permitted:
30-18                (1)  under state law for a bank or savings and loan
30-19    association; or
30-20                (2)  under federal law for a federal savings and loan
30-21    association, savings bank, or national bank if the financial
30-22    institution's principal office is located in this state.
30-23          SECTION 53.  Section 94.001(a), Finance Code, is amended to
30-24    read as follows:
30-25          (a)  The [commissioner and the] finance commission by rule
30-26    may limit loans to one borrower.  Those limits may not be less
30-27    restrictive than the limits imposed on savings associations under
 31-1    Section 5(u), Home Owners' Loan Act (12 U.S.C. Section 1464(u)).
 31-2          SECTION 54.  Section 94.002(a), Finance Code, is amended to
 31-3    read as follows:
 31-4          (a)  Subject to rules adopted by the [commissioner and the]
 31-5    finance commission, a savings bank may lend or invest not more than
 31-6    40 percent of the savings bank's total assets in commercial loans.
 31-7          SECTION 55.  Section 94.203, Finance Code, is amended to read
 31-8    as follows:
 31-9          Sec. 94.203. RULES.  The [commissioner and the] finance
31-10    commission shall adopt rules to implement this subchapter,
31-11    including rules that define the categories of loans and investments
31-12    described by Section 94.201.
31-13          SECTION 56.  Section 94.251(a), Finance Code, is amended to
31-14    read as follows:
31-15          (a)  A savings bank or a subsidiary may not invest in an
31-16    equity security unless the security qualifies as an investment
31-17    grade security under rules adopted by the [commissioner and the]
31-18    finance commission.
31-19          SECTION 57.  Section 94.253, Finance Code, is amended to read
31-20    as follows:
31-21          Sec. 94.253.  RULES.  The [commissioner and the] finance
31-22    commission may adopt rules necessary to implement this subchapter,
31-23    including rules relating to eligible investment criteria,
31-24    investment diversification, and resource management requirements.
31-25          SECTION 58.  Section 94.301, Finance Code, is amended to read
31-26    as follows:
31-27          Sec. 94.301.  AUTHORIZATION.  With the prior consent of the
 32-1    commissioner and subject to rules adopted by the [commissioner and
 32-2    the] finance commission, a savings bank may invest in a subsidiary
 32-3    corporation created under general corporation law.
 32-4          SECTION 59.  Section 94.304, Finance Code, is amended to read
 32-5    as follows:
 32-6          Sec. 94.304.  RULES.  The [commissioner and the] finance
 32-7    commission shall adopt rules on permitted activities of a
 32-8    subsidiary corporation in which a savings bank invests under
 32-9    Section 94.301.
32-10          SECTION 60.  Section 95.007(b), Finance Code, is amended to
32-11    read as follows:
32-12          (b)  A savings bank shall compute and pay interest and
32-13    dividends according to rules adopted by the [commissioner and the]
32-14    finance commission.
32-15          SECTION 61.  Section 96.002(a), Finance Code, is amended to
32-16    read as follows:
32-17          (a)  The [commissioner and the] finance commission may adopt
32-18    rules necessary to supervise and regulate savings banks and to
32-19    protect public investment in savings banks, including rules
32-20    relating to:
32-21                (1)  the minimum amounts of capital required to
32-22    incorporate and operate as a savings bank, which may not be less
32-23    than the amounts required of corresponding national banks;
32-24                (2)  the fees and procedures for processing, hearing,
32-25    and deciding applications filed with the commissioner or the
32-26    Savings and Loan Department under this subtitle;
32-27                (3)  the books and records that a savings bank is
 33-1    required to keep and the location at which the books and records
 33-2    are required to be maintained;
 33-3                (4)  the accounting principles and practices that a
 33-4    savings bank is required to observe;
 33-5                (5)  the conditions under which records may be copied
 33-6    or reproduced for permanent storage before the originals are
 33-7    destroyed;
 33-8                (6)  the form, content, and time of publication of
 33-9    statements of condition;
33-10                (7)  the form and content of annual reports and other
33-11    reports that a savings bank is required to prepare and publish or
33-12    file;
33-13                (8)  the manner in which assets, liabilities, and
33-14    transactions in general are to be described when entered in the
33-15    books of a savings bank, so that the entry accurately describes the
33-16    subject matter of the entry;
33-17                (9)  the conditions under which the commissioner may
33-18    require an asset to be charged off or reserves established by
33-19    transfer from surplus or paid-in capital because of depreciation of
33-20    or overstated value of the asset;
33-21                (10)  the change of control of a savings bank;
33-22                (11)  the conduct, management, and operation of a
33-23    savings bank;
33-24                (12)  the withdrawable accounts, bonuses, plans, and
33-25    contracts for savings programs;
33-26                (13)  the merger, consolidation, reorganization,
33-27    conversion, and liquidation of a savings bank;
 34-1                (14)  the establishment of an additional office or the
 34-2    change of office location or name of a savings bank;
 34-3                (15)  the requirements for a savings bank's holding
 34-4    companies, including those relating to:
 34-5                      (A)  registration and periodic reporting of a
 34-6    holding company with the commissioner; and
 34-7                      (B)  transactions between a holding company, an
 34-8    affiliate of a holding company, or a savings bank; and
 34-9                (16)  the powers of a savings bank to make loans and
34-10    investments that contain provisions reasonably necessary to ensure
34-11    that a loan made by a savings bank is consistent with sound lending
34-12    practices and that the savings bank's investment will promote the
34-13    purposes of this subtitle, including provisions governing:
34-14                      (A)  the type of loans and the conditions under
34-15    which a savings bank may originate, make, or sell loans;
34-16                      (B)  the conditions under which a savings bank
34-17    may purchase or participate in a loan made by another lender;
34-18                      (C)  the conditions for the servicing of a loan
34-19    for another lender;
34-20                      (D)  the conditions under which a savings bank
34-21    may lend money on the security of a loan made by another person;
34-22                      (E)  the conditions under which a savings bank
34-23    may pledge loans held by it as collateral for borrowing by the
34-24    savings bank;
34-25                      (F)  the conditions under which a savings bank
34-26    may invest in securities and debt instruments;
34-27                      (G)  the documentation that a savings bank must
 35-1    have in its files at the time of funding or purchase of a loan, an
 35-2    investment, or a participation in a loan;
 35-3                      (H)  the form and content of statements of
 35-4    expenses and fees and other charges that are paid by a borrower or
 35-5    that a borrower is obligated to pay;
 35-6                      (I)  the title information that must be
 35-7    maintained;
 35-8                      (J)  the borrower's insurance coverage of
 35-9    property securing a loan;
35-10                      (K)  an appraisal report;
35-11                      (L)  the financial statement of a borrower;
35-12                      (M)  the fees or other compensation that may be
35-13    paid to a person in connection with obtaining a loan for a savings
35-14    bank, including an officer, director, employee, affiliated person,
35-15    consultant, or third party;
35-16                      (N)  the conditions under which the savings bank
35-17    may advance money to pay a tax, assessment, insurance premium, or
35-18    other similar charge for the protection of the savings bank's
35-19    interest in property securing the savings bank's loans;
35-20                      (O)  the terms under which a savings bank may
35-21    acquire and deal in real property;
35-22                      (P)  the valuation on a savings bank's books of
35-23    real property held by the savings bank;
35-24                      (Q)  the terms governing the investment by a
35-25    savings bank in a subsidiary, the powers that may be exercised by a
35-26    subsidiary, and the activities that may be engaged in by a
35-27    subsidiary; and
 36-1                      (R)  any other matter considered necessary to
 36-2    administer each type of transaction.
 36-3          SECTION 62.  Section 96.051(c), Finance Code, is amended to
 36-4    read as follows:
 36-5          (c)  The [commissioner and the] finance commission may adopt
 36-6    rules as necessary to implement this section.
 36-7          SECTION 63.  Section 97.001, Finance Code, is amended to read
 36-8    as follows:
 36-9          Sec. 97.001.  RULES. (a)  The [commissioner and the] finance
36-10    commission shall adopt rules:
36-11                (1)  providing for the registration of and reporting by
36-12    holding companies;
36-13                (2)  setting limitations on the activities and
36-14    investments of holding companies; and
36-15                (3)  concerning other matters as appropriate under this
36-16    chapter.
36-17          (b)  The [commissioner and the] finance commission may adopt
36-18    rules governing transactions between a subsidiary savings bank of a
36-19    holding company and an affiliate of the subsidiary.
36-20          SECTION 64.  Section 119.006, Finance Code, is amended to
36-21    read as follows:
36-22          Sec. 119.006.  INITIATION OF RULEMAKING BY SAVINGS BANKS.
36-23    The finance commission [commissioner] shall initiate rulemaking
36-24    proceedings under Chapter 2001, Government Code, if at least 20
36-25    percent of the savings banks petition the finance commission
36-26    [commissioner] in writing requesting the adoption, amendment, or
36-27    repeal of a rule.
 37-1          SECTION 65.  Section 152.102(b), Finance Code, is amended to
 37-2    read as follows:
 37-3          (b)  The commission [commissioner] may adopt and enforce
 37-4    reasonable rules to prevent unsafe and unsound practices with
 37-5    respect to a permissible investment required by this chapter.
 37-6          SECTION 66.  Section 152.103, Finance Code, is amended to
 37-7    read as follows:
 37-8          Sec. 152.103.  EXCEPTIONS TO REQUIREMENTS.  The commission
 37-9    [commissioner] by rule may exempt a person from this chapter or
37-10    reduce a requirement of Section 152.102(b), 152.104, 152.205,
37-11    152.206, 152.207, 152.208(a), 152.209, 152.304(b), 152.305,
37-12    152.403, 152.503, or 152.504 if:
37-13                (1)  the person does not engage in the business of
37-14    selling checks to the public and the sale of checks by the person
37-15    is:
37-16                      (A)  ancillary to the person's business; and
37-17                      (B)  limited to commercial contracts in
37-18    interstate commerce; and
37-19                (2)  the commission [commissioner] determines that the
37-20    exemption or reduced requirement is in the public interest.
37-21          SECTION 67.  Section 152.202(b), Finance Code, is amended to
37-22    read as follows:
37-23          (b)  Notwithstanding Subsection (a)(5), a person who meets
37-24    the requirements of that subsection is subject to:
37-25                (1)  any other provision of this chapter to the extent
37-26    the person engages in the business of selling checks; and
37-27                (2)  rules adopted by the commission [commissioner] to
 38-1    administer and carry out that subsection, including rules to:
 38-2                      (A)  define a term used in that subsection; and
 38-3                      (B)  establish limits or requirements on the
 38-4    bonding and net worth of the person and the person's activities
 38-5    relating to the sale of checks other than those specified by that
 38-6    subsection.
 38-7          SECTION 68.  Section 153.110(c), Finance Code, is amended to
 38-8    read as follows:
 38-9          (c)  The commission [commissioner] may adopt rules to
38-10    implement this section.
38-11          SECTION 69.  Section 153.117(a), Finance Code, as amended by
38-12    Chapters 62, 344, and 356, Acts of the 76th Legislature, Regular
38-13    Session, 1999, is reenacted and amended to read as follows:
38-14          (a)  The following persons are not required to be licensed
38-15    under this chapter:
38-16                (1)  a federally insured financial institution, as that
38-17    term is defined by Section 201.101 [as that term is defined by
38-18    state law governing bank holding companies and interstate bank
38-19    operations], that is organized under the laws of this state,
38-20    another state, or the United States;
38-21                (2)  a foreign bank branch or agency in the United
38-22    States established under the federal International Banking Act of
38-23    1978 (12 U.S.C. Section 3101 et seq.), as amended;
38-24                (3) [(2)]  a license holder under Chapter 152, except
38-25    that the license holder is required to comply with the other
38-26    provisions of this chapter to the extent the license holder engages
38-27    in currency exchange, transportation, or transmission transactions;
 39-1                (4)  a person registered as a securities dealer under
 39-2    The Securities Act (Article 581-1 et seq., Vernon's Texas Civil
 39-3    Statutes);
 39-4                (5)  an attorney or title company that in connection
 39-5    with a real property transaction receives and disburses only
 39-6    domestic currency on behalf of a party to the transaction;
 39-7                (6)  a Federal Reserve bank;
 39-8                (7)  a clearinghouse exercising bank payment,
 39-9    collection, and clearing functions; or
39-10                (8)  another person that the commission [commissioner]
39-11    may exempt by rule if the commission [commissioner] finds that the
39-12    licensing of the person is not necessary or appropriate to achieve
39-13    the objectives of this chapter.
39-14          SECTION 70.  Section 153.205(b), Finance Code, is amended to
39-15    read as follows:
39-16          (b)  The commission [commissioner] by rule may establish
39-17    requirements regarding content and the size and type of lettering
39-18    used in an advertisement for prices or rates.
39-19          SECTION 71. Section 153.303(a), Finance Code, is amended to
39-20    read as follows:
39-21          (a)  The commission [commissioner] shall set the license
39-22    application fees, license fees, license renewal fees, and
39-23    examination fees in amounts that are reasonable and necessary to
39-24    defray the cost of administering this chapter.
39-25          SECTION 72.  Section 154.051(b), Finance Code, is amended to
39-26    read as follows:
39-27          (b)  The Finance Commission of Texas [department] may adopt
 40-1    reasonable rules concerning:
 40-2                (1)  fees to defray the cost of administering this
 40-3    chapter;
 40-4                (2)  the keeping and inspection of records relating to
 40-5    the sale of prepaid funeral benefits;
 40-6                (3)  the filing of contracts and reports;
 40-7                (4)  changes in the management or control of an
 40-8    organization; and
 40-9                (5)  any other matter relating to the enforcement and
40-10    administration of this chapter.
40-11          SECTION 73.  Section 154.104(b), Finance Code, is amended to
40-12    read as follows:
40-13          (b)  The Finance Commission of Texas [department] by rule may
40-14    adopt a system under which permits expire on various dates during
40-15    the year.
40-16          SECTION 74.  Section 154.109(a), Finance Code, is amended to
40-17    read as follows:
40-18          (a)  The commissioner by order may cancel or suspend a permit
40-19    if the commissioner finds, by examination or other credible
40-20    evidence, that the permit holder:
40-21                (1)  violated this chapter or another law of this state
40-22    relating to the sale of prepaid funeral benefits, including a final
40-23    order of the commissioner or rule of the Finance Commission of
40-24    Texas [commissioner or department];
40-25                (2)  misrepresented or concealed a material fact in the
40-26    permit application; or
40-27                (3)  obtained, or attempted to obtain, the permit by
 41-1    misrepresentation, concealment, or fraud.
 41-2          SECTION 75.  Section 154.111(a), Finance Code, is amended to
 41-3    read as follows:
 41-4          (a)  The Finance Commission of Texas [department] shall adopt
 41-5    rules governing the selection of a successor permit holder.
 41-6          SECTION 76.  Section 154.351, Finance Code, is amended to
 41-7    read as follows:
 41-8          Sec. 154.351.  MAINTENANCE OF GUARANTY FUND.  The Finance
 41-9    Commission of Texas [department] by rule shall maintain a fund to
41-10    guarantee performance by sellers of prepaid funeral benefits
41-11    contracts of their obligations to the purchasers under the
41-12    provisions of this chapter governing prepaid funeral trusts.
41-13          SECTION 77.  Section 154.356(b), Finance Code, is amended to
41-14    read as follows:
41-15          (b)  The assessments shall be deposited in the fund and
41-16    administered by the department and the advisory council in
41-17    accordance with Finance Commission of Texas [department] rules.
41-18          SECTION 78.  Section 154.406(a), Finance Code, is amended to
41-19    read as follows:
41-20          (a)  After notice and opportunity for hearing, the
41-21    commissioner may impose an administrative penalty on a person who:
41-22                (1)  violates this chapter or a final order of the
41-23    commissioner or rule of the Finance Commission of Texas
41-24    [commissioner or department]; and
41-25                (2)  does not correct the violation before the 31st day
41-26    after the date the person receives written notice of the violation
41-27    from the department.
 42-1          SECTION 79.  Section 154.407, Finance Code, is amended to
 42-2    read as follows:
 42-3          Sec. 154.407.  INJUNCTIVE RELIEF.  The commissioner may sue
 42-4    in a district court in Travis County to enjoin a violation or
 42-5    threatened violation of:
 42-6                (1)  this chapter; or
 42-7                (2)  a final order of the commissioner or rule of the
 42-8    Finance Commission of Texas [commissioner or the department].
 42-9          SECTION 80.  Section 154.408(a), Finance Code, is amended to
42-10    read as follows:
42-11          (a)  The commissioner may issue a cease and desist order to a
42-12    person if the commissioner finds by examination or other credible
42-13    evidence that the person has violated a law of this state relating
42-14    to the sale of prepaid funeral benefits, including a violation of
42-15    this chapter or a final order of the commissioner or rule of the
42-16    Finance Commission of Texas [commissioner or the department].
42-17          SECTION 81.  Section 156.004, Finance Code, is amended to
42-18    read as follows:
42-19          Sec. 156.004.  DISCLOSURE TO APPLICANT.  At the time an
42-20    applicant submits an application to a mortgage broker, the mortgage
42-21    broker shall provide to the applicant a disclosure that specifies
42-22    the nature of the relationship between applicant and broker, the
42-23    duties the broker has to the applicant, and how the mortgage broker
42-24    will be compensated.  The finance commission [commissioner], by
42-25    rule, shall promulgate a standard disclosure form to be used by the
42-26    mortgage broker.
42-27          SECTION 82.  Section 156.102, Finance Code, is amended to
 43-1    read as follows:
 43-2          Sec. 156.102.  RULEMAKING AUTHORITY.  (a)  The finance
 43-3    commission [Subject to review and compliance with the directives of
 43-4    the finance commission as provided by Section 11.306, the
 43-5    commissioner] may adopt and enforce rules necessary for the intent
 43-6    of or to ensure compliance with this chapter.
 43-7          (b)  The finance commission [commissioner] may adopt rules to
 43-8    prohibit false, misleading, or deceptive practices by mortgage
 43-9    brokers and loan officers but may not adopt any other rules
43-10    restricting competitive bidding or advertising by mortgage brokers
43-11    or loan officers.  When adopting rules under this subsection, the
43-12    finance commission [commissioner] may not restrict:
43-13                (1)  the use of any medium for an advertisement;
43-14                (2)  the personal appearance of or voice of a person in
43-15    an advertisement;
43-16                (3)  the size or duration of an advertisement; or
43-17                (4)  a mortgage broker's or loan officer's
43-18    advertisement under a trade name.
43-19          (c)  The finance commission [commissioner] may adopt rules
43-20    regarding books and records that a person licensed under this
43-21    chapter is required to keep, including the location at which the
43-22    books and records must be kept.
43-23          (d)  The finance commission [commissioner] shall consult with
43-24    the mortgage broker advisory committee when proposing and adopting
43-25    rules under this chapter.
43-26          SECTION 83.  Section 156.104(h), Finance Code, is amended to
43-27    read as follows:
 44-1          (h)  In addition to other powers and duties delegated to it
 44-2    by the commissioner, the advisory committee shall advise the
 44-3    finance commission and commissioner with respect to:
 44-4                (1)  the proposal and adoption of rules relating to:
 44-5                      (A)  the licensing of mortgage brokers and loan
 44-6    officers;
 44-7                      (B)  the education and experience requirements
 44-8    for licensing mortgage brokers and loan officers;
 44-9                      (C)  conduct and ethics of mortgage brokers and
44-10    loan officers;
44-11                      (D)  continuing education for licensed mortgage
44-12    brokers and loan officers and the types of courses acceptable as
44-13    continuing education courses under this chapter; and
44-14                      (E)  the granting or denying of an application or
44-15    request for renewal for a mortgage broker license or loan officer
44-16    license;
44-17                (2)  the form of or format for any applications or
44-18    other documents under this chapter; and
44-19                (3)  the interpretation, implementation, and
44-20    enforcement of this chapter.
44-21          SECTION 84.  Section 156.206(b), Finance Code, is amended to
44-22    read as follows:
44-23          (b)  The commissioner shall obtain criminal history record
44-24    information on an applicant that is maintained by the Department of
44-25    Public Safety.  By rule, the finance commission [commissioner] may
44-26    require applicants to submit information and fingerprints necessary
44-27    for the commissioner to obtain criminal background information from
 45-1    the Federal Bureau of Investigation.  The commissioner may also
 45-2    obtain criminal history record information from any court or any
 45-3    local, state, or national governmental agency.
 45-4          SECTION 85.  Section 156.207(c), Finance Code, is amended to
 45-5    read as follows:
 45-6          (c)  In accordance with any rules adopted by the finance
 45-7    commission under this subsection, the commissioner may issue a
 45-8    provisional license to an applicant if a significant delay is
 45-9    necessary to process the application, review information related to
45-10    the application, or obtain information related to the application.
45-11    The commissioner may revoke a provisional license issued under this
45-12    subsection on a ground listed under Section 156.303 or on any
45-13    ground that the commissioner could have denied issuance of the
45-14    license on the application.
45-15          SECTION 86.  Sections 156.208(a), (b), (f), and (g), Finance
45-16    Code, are amended to read as follows:
45-17          (a)  A mortgage broker license issued under this chapter is
45-18    valid for two years and may be renewed on or before its expiration
45-19    date if the mortgage broker:
45-20                (1)  pays to the commissioner a renewal fee in an
45-21    amount determined by the commissioner not to exceed $375 and a
45-22    recovery fund fee provided by Section 156.502;
45-23                (2)  has not been convicted of a felony the
45-24    commissioner determines is directly related to the occupation of a
45-25    mortgage broker under Article 6252-13c, Revised Statutes; and
45-26                (3)  provides the commissioner with satisfactory
45-27    evidence that the mortgage broker:
 46-1                      (A)  has attended, during the term of the current
 46-2    license, 15 hours of continuing education courses that the
 46-3    commissioner, in accordance with the rules adopted by the finance
 46-4    commission under this section, has approved as continuing education
 46-5    courses; or
 46-6                      (B)  maintains an active license in this state
 46-7    as:
 46-8                            (i)  a real estate broker;
 46-9                            (ii)  a real estate salesperson;
46-10                            (iii)  an attorney; or
46-11                            (iv)  a local recording agent or insurance
46-12    solicitor or agent for a legal reserve life insurance company under
46-13    Chapter 21, Insurance Code, or an equivalent license under Chapter
46-14    21, Insurance Code.
46-15          (b)  A loan officer license issued under this chapter is
46-16    valid for two years and may be renewed on or before its expiration
46-17    date if the loan officer:
46-18                (1)  pays to the commissioner a renewal fee in an
46-19    amount determined by the commissioner not to exceed $175 and a
46-20    recovery fund fee provided by Section 156.502;
46-21                (2)  has not been convicted of a felony the
46-22    commissioner determines is directly related to the occupation of a
46-23    loan officer under Article 6252-13c, Revised Statutes; and
46-24                (3)  provides the commissioner with satisfactory
46-25    evidence that the loan officer:
46-26                      (A)  has attended, during the term of the current
46-27    license, 15 hours of continuing education courses that the
 47-1    commissioner, in accordance with the rules adopted by the finance
 47-2    commission under this section, has approved as continuing education
 47-3    courses, including courses provided by or through the licensed
 47-4    mortgage broker with whom the loan officer is associated after
 47-5    submission to and approval by the commission; or
 47-6                      (B)  maintains an active license in this state
 47-7    as:
 47-8                            (i)  a real estate broker;
 47-9                            (ii)  a real estate salesperson;
47-10                            (iii)  an attorney; or
47-11                            (iv)  a local recording agent or insurance
47-12    solicitor or agent for a legal reserve life insurance company under
47-13    Chapter 21, Insurance Code, or an equivalent license under Chapter
47-14    21, Insurance Code.
47-15          (f)  The finance commission [commissioner] by rule may adopt
47-16    a system under which licenses expire on a date or dates other than
47-17    December 31.  If a system is adopted under this subsection, dates
47-18    relating to expiration and issuance of licenses shall be adjusted
47-19    accordingly. For the biennium in which the license expiration date
47-20    is changed, license fees shall be prorated on a monthly basis so
47-21    that each license holder pays only that portion of the license fee
47-22    that is allocable to the number of months during which the license
47-23    is valid.  On renewal of the license on the new expiration date,
47-24    the total license renewal fee is payable.
47-25          (g)  The finance commission [commissioner] shall adopt rules
47-26    related to the approval of courses for continuing education credit
47-27    under this section that provide for the acceptance of continuing
 48-1    education courses that are related to finance, financial
 48-2    consulting, lending, real estate contracts, discrimination laws,
 48-3    deceptive trade practices, real property conveyances, and other
 48-4    topics that are relevant to mortgage brokers and that are
 48-5    acceptable as continuing education courses to other professional
 48-6    licensing agencies.
 48-7          SECTION 87.  Section 156.210, Finance Code, is amended to
 48-8    read as follows:
 48-9          Sec. 156.210.  PROBATIONARY LICENSE.  The commissioner may
48-10    issue a probationary license.  The finance commission
48-11    [commissioner] by rule shall adopt reasonable terms and conditions
48-12    for a probationary license.
48-13          SECTION 88.  Section 156.303(a), Finance Code, is amended to
48-14    read as follows:
48-15          (a)  The commissioner may order disciplinary action against a
48-16    licensed mortgage broker or a licensed loan officer when the
48-17    commissioner, after a hearing, has determined that the person:
48-18                (1)  obtained a license under this chapter through a
48-19    false or fraudulent representation or made a material
48-20    misrepresentation in an application for a license under this
48-21    chapter;
48-22                (2)  published or caused to be published an
48-23    advertisement related to the business of a mortgage broker or loan
48-24    officer that:
48-25                      (A)  is misleading;
48-26                      (B)  is likely to deceive the public;
48-27                      (C)  in any manner tends to create a misleading
 49-1    impression;
 49-2                      (D)  fails to identify as a mortgage broker or
 49-3    loan officer the person causing the advertisement to be published;
 49-4    or
 49-5                      (E)  violates federal or state law;
 49-6                (3)  while performing an act for which a license under
 49-7    this chapter is required, engaged in conduct that constitutes
 49-8    improper, fraudulent, or dishonest dealings;
 49-9                (4)  failed to notify the commissioner not later than
49-10    the 30th day after the date of the final conviction if the person,
49-11    in a court of this or another state or in a federal court, has been
49-12    convicted of or entered a plea of guilty or nolo contendere to a
49-13    felony or a criminal offense involving fraud;
49-14                (5)  failed to use a fee collected in advance of
49-15    closing of a mortgage loan for a purpose for which the fee was
49-16    paid;
49-17                (6)  charged or received, directly or indirectly, a fee
49-18    for assisting a mortgage applicant in obtaining a mortgage loan
49-19    before all of the services that the person agreed to perform for
49-20    the mortgage applicant are completed, and the proceeds of the
49-21    mortgage loan have been disbursed to or on behalf of the mortgage
49-22    applicant, except as provided by Section 156.304;
49-23                (7)  failed within a reasonable time to honor a check
49-24    issued to the commissioner after the commissioner has mailed a
49-25    request for payment by certified mail to the person's last known
49-26    business address as reflected by the commissioner's records;
49-27                (8)  paid compensation to a person who is not licensed
 50-1    or exempt under this chapter for acts for which a license under
 50-2    this chapter is required;
 50-3                (9)  induced or attempted to induce a party to a
 50-4    contract to breach the contract so the person may make a mortgage
 50-5    loan;
 50-6                (10)  published or circulated an unjustified or
 50-7    unwarranted threat of legal proceedings in matters related to the
 50-8    person's actions or services as a mortgage broker or loan officer,
 50-9    as applicable;
50-10                (11)  established an association, by employment or
50-11    otherwise, with a person not licensed or exempt under this chapter
50-12    who was expected or required to act as a mortgage broker or loan
50-13    officer;
50-14                (12)  aided, abetted, or conspired with a person to
50-15    circumvent the requirements of this chapter;
50-16                (13)  acted in the dual capacity of a mortgage broker
50-17    or loan officer and real estate broker, salesperson, or attorney in
50-18    a transaction without the knowledge and written consent of the
50-19    mortgage applicant or in violation of applicable requirements under
50-20    federal law;
50-21                (14)  discriminated against a prospective borrower on
50-22    the basis of race, color, religion, sex, national origin, ancestry,
50-23    familial status, or a disability;
50-24                (15)  failed or refused on demand to:
50-25                      (A)  produce a document, book, or record
50-26    concerning a mortgage loan transaction conducted by the mortgage
50-27    broker or loan officer for inspection by the commissioner or the
 51-1    commissioner's authorized personnel or representative;
 51-2                      (B)  give the commissioner or the commissioner's
 51-3    authorized personnel or representative free access to the books or
 51-4    records relating to the person's business kept by an officer,
 51-5    agent, or employee of the person or any business entity through
 51-6    which the person conducts mortgage brokerage activities, including
 51-7    a subsidiary or holding company affiliate; or
 51-8                      (C)  provide information requested by the
 51-9    commissioner as a result of a formal or informal complaint made to
51-10    the commissioner;
51-11                (16)  failed without just cause to surrender, on
51-12    demand, a copy of a document or other instrument coming into the
51-13    person's possession that was provided to the person by another
51-14    person making the demand or that the person making the demand is
51-15    under law entitled to receive; or
51-16                (17)  disregarded or violated this chapter or a rule
51-17    adopted by the finance commission [commissioner] under this
51-18    chapter.
51-19          SECTION 89.  Section 156.506(d), Finance Code, is amended to
51-20    read as follows:
51-21          (d)  This section does not limit the authority of the
51-22    commissioner to take disciplinary action against a mortgage broker
51-23    or loan officer for a violation of this chapter or the rules
51-24    adopted by the finance commission [commissioner] under this
51-25    chapter.  The repayment in full to the fund of all obligations of a
51-26    mortgage broker or loan officer does not nullify or modify the
51-27    effect of any other disciplinary proceeding brought under this
 52-1    chapter.
 52-2          SECTION 90.  Section 202.005(a), Finance Code, is amended to
 52-3    read as follows:
 52-4          (a)  The commissioner may:
 52-5                (1)  examine a bank holding company that controls a
 52-6    Texas bank to the same extent as if the bank holding company were a
 52-7    Texas state bank; and
 52-8                (2)  bring an enforcement proceeding under Chapter 35
 52-9    against a bank holding company that violates or participates in a
52-10    violation of this subtitle, an agreement filed with the
52-11    commissioner under this chapter, or a rule adopted by the finance
52-12    commission or order issued by the commissioner [or the finance
52-13    commission] under this subtitle, as if the bank holding company
52-14    were a Texas state bank.
52-15          SECTION 91.  Section 273.204, Finance Code, is amended to
52-16    read as follows:
52-17          Sec. 273.204.  CONDITIONS UNDER WHICH CORPORATION MAY
52-18    EXERCISE POWERS AND DUTIES.  The corporation may not exercise a
52-19    power or perform a duty under Section 273.203 or 273.205 or
52-20    Subchapter E until the Office of Thrift Supervision and the Federal
52-21    Deposit Insurance Corporation have:
52-22                (1)  officially recognized that the corporation in
52-23    exercising that power or performing that duty will reduce and
52-24    minimize the liability of the Federal Deposit Insurance
52-25    Corporation; and
52-26                (2)  taken any necessary action to permit member
52-27    associations to use without restraint all of the operational power
 53-1    the member associations have under the laws of this state,
 53-2    including rules of the Finance Commission of Texas [Savings and
 53-3    Loan Department].
 53-4          SECTION 92.  Section 345.351(b), Finance Code, is amended to
 53-5    read as follows:
 53-6          (b)  The finance commission [commissioner] by rule may
 53-7    establish procedures to facilitate the registration and collection
 53-8    of fees under this section, including rules staggering throughout
 53-9    the year the dates on which fees are due.
53-10          SECTION 93.  Section 347.451(b), Finance Code, is amended to
53-11    read as follows:
53-12          (b)  The finance commission [commissioner] by rule may
53-13    establish procedures to facilitate the registration and collection
53-14    of fees under this section, including rules staggering the due
53-15    dates of the fees throughout the year.
53-16          SECTION 94.  Section 348.401(b), Finance Code, is amended to
53-17    read as follows:
53-18          (b)  The finance commission [commissioner] by rule may
53-19    establish procedures to facilitate the registration and collection
53-20    of fees under this section, including rules staggering throughout
53-21    the year the dates on which fees are due.
53-22          SECTION 95.  Sections 371.006(a) and (d), Finance Code, are
53-23    amended to read as follows:
53-24          (a)  The Finance Commission of Texas [commissioner] may adopt
53-25    rules to enforce this chapter.
53-26          (d)  On application by any person and on payment of any
53-27    associated cost, the commissioner shall furnish the person a
 54-1    certified copy of a rule adopted by the Finance Commission of Texas
 54-2    [commissioner].
 54-3          SECTION 96.  Section 371.007(a), Finance Code, is amended to
 54-4    read as follows:
 54-5          (a)  The Finance Commission of Texas [commissioner] by rule
 54-6    may adopt a system under which licenses issued under this chapter
 54-7    expire on various dates during the year.
 54-8          SECTION 97.  Section 371.181(b), Finance Code, is amended to
 54-9    read as follows:
54-10          (b)  The Finance Commission of Texas [commissioner] shall
54-11    adopt rules that allow:
54-12                (1)  a consumer who has filed an offense report with a
54-13    local law enforcement agency to request that a pawnbroker search
54-14    the records of the pawnshop; and
54-15                (2)  the pawnbroker to assist the consumer and the
54-16    local law enforcement agency in locating and recovering stolen
54-17    property.
54-18          SECTION 98.  Section 371.183, Finance Code, is amended to
54-19    read as follows:
54-20          Sec. 371.183.  CONSUMER INFORMATION.  The Finance Commission
54-21    of Texas [commissioner] by rule may require a pawnshop to display,
54-22    in an area in the pawnshop accessible to a consumer, materials
54-23    provided by the commissioner that are designed to:
54-24                (1)  inform a consumer of the duties, rights, and
54-25    responsibilities of parties to a transaction regulated by the
54-26    commissioner; and
54-27                (2)  inform and assist a robbery, burglary, or theft
 55-1    victim.
 55-2          SECTION 99. Section 11.201, Finance Code, is repealed.
 55-3          SECTION 100. A rule  adopted  by the Banking Commissioner of
 55-4    Texas, the Savings and Loan Commissioner, or the Consumer Credit
 55-5    Commissioner that is in effect on the effective date of this Act
 55-6    and that  is  not  inconsistent  with this  Act remains in effect
 55-7    as a rule or regulation of the Finance Commission of Texas until
 55-8    superseded by action of the finance commission.
 55-9          SECTION 101. The changes made by this Act to the
55-10    qualifications for membership on the Finance Commission of Texas do
55-11    not  affect  the  entitlement of a member serving on the commission
55-12    immediately before the effective date of this Act  to  continue  to
55-13    carry  out  the finance commission's  functions  for  the remainder
55-14    of the member's term.  The changes in law apply only to a member
55-15    appointed on or after the effective date of this  Act.   This  Act
55-16    does  not prohibit  a  person  who  is  a  member  of  the  finance
55-17    commission on the effective date of this Act from being reappointed
55-18    to the finance commission if the person has the qualifications
55-19    required for  a  member  under  Chapter 11, Finance Code, as
55-20    amended by this Act.
55-21          SECTION 102. This Act takes effect September 1, 2001.